Law Compliance Report - current edition - Report - Page 14
August 2024 Edition
Exceptions
The former section 39(4) has been repealed and reenacted under the new section 202AB(2), to
provide exceptions to section 202AB(1) of the Act.
While section 202AB(2) remains relatively the same
as the former section 39(4), section 202AB(2)
inserts additional classes of people to whom a
relevant person can disclose protected information,
that being:
•
•
•
•
the Secretary to the department for which the
Minister administering the Commonwealth
Disability Support for Older Australian program or
a prescribed program is responsible;
the Secretary, for the purposes of enabling the
Secretary to perform the functions conferred, and
meet the obligations imposed, on the Secretary
under this Act or any other Act including any
Commonwealth Act;
an emergency service provider if the disclosure is
reasonably required for the emergency service
provider to carry out a function under any Act in
relation to the person to whom the information
relates; and
another relevant person, if the disclosure is
reasonably required in connection with the
provision by that person or body of services under
the Act or the National Disability Insurance
Scheme Act 2013 (Cth) (the NDIS Act) to the
person to whom the information relates including
for the purposes of:
– assessing, developing or implementing a
treatment plan, behaviour support plan or NDIS
behaviour support plan; or
– implementing, monitoring and supervising a
supervised treatment order.
In addition, section 202AB(3) inserts new
circumstances in which a relevant person is
permitted to disclose protected information. The
new circumstances are:
•
for the purposes of obtaining and seeking legal
advice; or
•
if the disclosure is reasonably necessary to lessen
or prevent:
– a serious threat to a person’s life, health, safety
or wellbeing; or
– a serious threat to public health, public safety
or public wellbeing.
Under the new sections 202AB(4) and 202AB(5), if
it is reasonably necessary for a relevant person to
disclose protected information for the following
purposes:
•
for the performance of a function or the exercise
of power under the Act, the Social Services
Regulation Act 2021 (Vic) or the NDIS Act; or
•
for the performance of a function or the exercise
of a power under the Act or any other Act by a
person or a body under section 202AB(4);
the relevant person is permitted to disclose the
protected information to specified persons or bodies
listed in section 202AB(4), including, a police
officer, the Coroner or the Disability Services
Commissioner.
Use, transfer or disclosure of information
relating to disability services or disability
service providers
The former section 39(6) will be replaced with the
new section 202AC(1) of the Act, which will remain
the same as the former section 39(6). In addition,
the new section 202AC(3) will replace the former
section 39(8) and will also remain the same as the
former section 39(8).
The penalty for breach of section 202AC(3) will
remain at 20 penalty units (currently, $3,846.20).
Conclusion
Organisations should ensure that they have systems
and policies in place to ensure any disclosure, use or
transfer of protected information is in accordance
with the new Part 8A of the Act, in particular, taking
into account the changes to the classes of persons
who are now subject to the information sharing
obligations.
Review the new obligations in full in the updated
topic VIC - Disability Services.
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